Rule 14.Third-party practice

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 14 lets a defending party bring in a nonparty who may be liable for all or part of the claim against it (impleader), sets a 14-day window to do so without court permission, and defines the resulting claims and defenses among the plaintiff, the original defendant, and the third-party defendant.

Full Text of Rule 14

Text sizeJump to: (a) (b)

(a) When a defending party may bring in a third party.

(1) Timing of the summons and complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff shall, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer unless otherwise provided by order entered under Rule 16(b)(3)(A).

(2) Third-party defendant’s claims and defenses. The person served with the summons and third-party complaint—the “third-party defendant”:

(A) shall assert any defense against the third-party plaintiff's claim under Rule 12;

(B) shall assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);

(D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

(3) Plaintiff’s claims against a third-party defendant. The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The third-party defendant shall then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g).

(4) Motion to strike, sever, or try separately. Any party may move to strike the third-party claim, to sever it, or to try it separately.

(5) Third-party defendant’s claim against a nonparty. A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim it.

(b) When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Sometimes the party being sued believes someone else — not a party to the case — should really be on the hook, in whole or in part, for the plaintiff's claim. Rule 14 lets that defending party become a "third-party plaintiff" and serve a summons and complaint on that nonparty, bringing them into the case as a "third-party defendant." If the original answer was filed more than 14 days earlier, the third-party plaintiff needs the court's permission first.

Once brought in, the third-party defendant has to defend against the third-party plaintiff's claim and raise any compulsory counterclaim against it, the same way an ordinary defendant would. The third-party defendant can also raise, against the original plaintiff, any defense the third-party plaintiff has, plus its own claims arising from the same transaction. The plaintiff, in turn, can assert claims directly against the third-party defendant if they arise from the same transaction, and the third-party defendant defends against those the same way.

Any party can move to strike, sever, or separately try the third-party claim, and a third-party defendant can bring in still another nonparty under the same rule. The rule works the same way in reverse: if a claim is asserted against a plaintiff, that plaintiff can use Rule 14 exactly as a defendant would.

Frequently Asked Questions

What is "impleader" under Rule 14?

The process of a defending party bringing a nonparty into the case as a "third-party defendant" because that nonparty may be liable for all or part of the claim against the defending party.

Do I need the court's permission to bring in a third-party defendant?

Only if you're filing the third-party complaint more than 14 days after serving your original answer. Within that window, no separate motion is required, unless an order entered under Rule 16(b)(3)(A) provides otherwise.

Can the plaintiff bring a claim directly against the third-party defendant?

Yes, if the claim arises out of the same transaction or occurrence as the plaintiff's claim against the original defendant.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 14). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: impleaderthird-party complaintbringing in a third party